Protecting Your Right To An Appeal
When there is evidence of miscarriage of justice, an unreasonable or unsupported verdict, or a judicial error, you have the right to file an appeal.
Mr. London handles criminal and family law appeals. He can handle your appeal even if another lawyer handled the original case. He can also review your case to determine if you may be eligible for other forms of post-conviction relief, such as a new trial or resentencing. Mr. London will also provide you with an honest opinion on the likelihood of a successful appeal that is based on the trial record.
Righting A Wrongful Conviction
The outcome of your case can affect you for the rest of your life. In a criminal case, you may end up in prison serving time for a crime you never committed. In a family law case, your relationship with your children and your finances can be changed forever.
You can file for an appeal if you believe there was an error in the original proceeding such as:
- Error of the Court or misconduct by opposing counsel
- Ineffective representation from your lawyer in a criminal case
- Any violation of your constitutional rights or rights to a fair trial
- Misapplication of Nebraska law by the judge or a decision that is based on an abuse of discretion or is not supported by the law or facts
- Other grounds that can be categorized under miscarriage of justice, an unreasonable or unsupported verdict, or an error of law
The appeal must be filed within 30 days of the conviction in a criminal case or within 30 days of the court order in a family law case and thus it is very important that you do what is necessary to file your appeal within the deadline to preserve your right to seek a change in the court ruling you are challenging. The appellate court will review the filing and determine if errors were made. If you are successful, the appellate court can grant a new trial, remand the case to the trial court with instructions to change the order or enter a new order depending on whether it is a criminal or civil case. In some criminal cases, the court can rule that the criminal conviction be dismissed due to insufficient evidence.